HomeMy WebLinkAboutPC MINUTES 09-14-21 MINUTES
VIDEO CONFERENCING
j TUSTIN PLANNING COMMISSION
MEETING
SEPTEMBER 14, 2021
6:01 p.m. CALLED TO ORDER.
Conducted. INVOCATION: Pastor Aaron Gehlken, Central Baptist Church of Orange
County
Allp resent. ROLL CALL: Chair Mason
Chair Pro Tem Kozak
Commissioners Chu, Higuchi, Mello
None. PUBLIC CONCERNS:
CONSENT CALENDAR:
1. APPROVAL OF MINUTES—AUGUST 24, 2021
RECOMMENDATION:
That the Planning Commission approve the Minutes of the August 24,
l 2021 Planning Commission meeting, as provided.
Hurtado Hurtado confirmed no public input was received for this item.
Motion: It was moved by Kozak, seconded by Chu, to approve the Minutes of the
August 24, 2021 Planning Commission meeting. Motion carried 5-0.
PUBLIC HEARING ITEM:
2. GENERAL PLAN AMENDMENT (GPA) 2021-0002
(HOUSING ELEMENT UPDATE)
APPLICANT: City of Tustin
300 Centennial Way
Tustin, CA 92780
LOCATION: City-Wide
ENVIRONMENTAL:
GPA 2021-0002 is considered a "project" subject to the terms of the
California Environmental Quality Act (CEQA). Pursuant to the
Minutes—Planning Commission September 14, 2021 —Page 1 of 8
CEQA Guidelines Section 15063, the City has completed an Initial
Study and prepared a Negative Declaration for the draft Housing
Element.
REQUEST:
GPA 2021-0002 (6th Cycle Housing Element Update)
RECOMMENDATION:
1. That the Planning Commission adopt Resolution No. 4439,
recommending that the City Council adopt a Negative
Declaration for GPA 2021-0002.
2. That the Planning Commission adopt Resolution No. 4440,
recommending that the City Council approve GPA 2021-0002,
updating the Housing Element.
Demkowicz Staff presentation given.
Higuchi Higuchi's comments included questions about the required amendment to
the Tustin Legacy Specific Plan (TLSP) for the additional units that are
proposed and if amendments are also needed for the Red Hill Avenue
Specific Plan (RHASP) and the Downtown Commercial Core Specific Plan
(DCCSP).
Demkowicz In response to Higuchi's questions regarding the RHASP and DCCSP,
Demkowicz stated that neither of those specific plans would have to be
amended being that they have already been approved for a certain number
of units. The TLSP, however, would need to be amended.
Mello Mello's comments included questions about CEQA and how the Housing
Element update is considered a "project", the differences between the
planning period and housing element cycle timeframes and which planning
period gets credited for projects approved between June 30 and October
15, 2021. Commissioner Mello also asked about the City's plan on utilizing
the 120 days from the statutory due date of October 15, 2021 and the
criteria in using large and small sites in accommodating housing for lower
income listed in the Housing Element Appendix. Mello also asked about
Tustin Legacy and the allocation of units within Neighborhood D North and
whether or not it was designated for open space or park land at one time
and if that designation had changed.
Daudt To answer Mello's question regarding CEQA, Daudt stated that the CEQA
Guidelines specifically identifies general plan amendments and updates to
be subject to CEQA review. It is case law and also implemented
guidelines.
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Minutes—Planning Commission September 14, 2021 —Page 2 of 8
Demkowicz To answer Mello's question regarding the planning period dates,
Demkowicz responded that any projects completed between July 31 and
October 15, 2021 would be counted towards the sixth cycle.
Willkom Willkom responded to Mello's question indicating the statutory deadline for
cities to adopt a housing element is October 15, 2021. Following the
Commission's recommendation to the City Council and adoption of the
document by the City Council, staff will submit the draft Housing Element
to HCD. Following the City's submittal, HCD may provide the City with
additional comments or the City may receive a certification of its Housing
Element. She Indicated that at that point, the City's Housing Element
would be in compliance with the current Housing Element law. The period
of 120 days will be utilized to obtain certification of the document from 1
HCD.
Demkowicz To address Commissioner Mello's question regarding the criteria for using
large and small sites, the revised document includes trends of parcels of
both sizes in the surrounding area of Tustin that have been developed.
Demkowicz also stated that the City uses the default density for those sites
in determining the number of units that can be accommodated.
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Willkom To further address Mello's questions, Willkom added that the current TLSP
does not allocate or assign residential units to Neighborhood D North. The
City is proposing to amend the specific plan and assign 430 units to
Neighborhood D North. A portion of Neighborhood D North is envisioned
to have some residential units.
Mello Mello followed up regarding the conversion of open space and whether or
not there would still be open space or green space allocated within that j
area.
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Willkom Willkom stated that there will be some open space/green space and public
places within Neighborhood D North. The amendment to the Tustin
Legacy Specific Plan must be completed in three (3) years. At that time,
staff will be providing the Commission and the City Council with a concept
plan/master plan of the area that demonstrates various land uses including
open space and/or public space.
Chu Chu stated that she submitted questions to City staff prior to the meeting
and she received responses quickly and thoroughly. She thanked Justina
and Irma and indicated she did not have any further questions.
Kozak Kozak thanked staff and the consultant team for preparing the report and
the comprehensive presentation for the Housing Element. He added that
the affordability and availability issues were covered. Kozak did not have
any specific questions.
Minutes—Planning Commission September 14, 2021 —Page 3 of 8
Mason For clarification, Mason asked who the City reached out to (i.e. the
community organizations that work with lower income individuals,
underserved groups and special needs households, etc.). She also ,
inquired about the direct outreach to the Tustin community and the number
of mailings/emails that were sent. Mason also referred to the second
community online survey, and asked if there was a significantly higher
engagement due to there also being a Spanish language version of the
survey. She also inquired as to next steps once the Housing Element is
forwarded to the City Council for submission on October 5, 2021, the next
three (3) years and what is expected of the Commission.
Demkowicz Demkowicz stated that the City developed an expansive interested party
list for the Housing Element update process. Included on the list were
specific housing support services groups, service providers, organizations,
housing advocacy groups, housing developers within the Orange County
area, CDBG providers, outside agency lists which include neighboring
cities, utility companies, etc., and others who requested to be added to the
list for notification. Altogether, there were approximately 350+ individuals
and/or organizations. Additionally, there was an email blast that went out
and included approximately 50 individuals on a separate email interested
party list. In some cases, individuals listed may have received duplicate
notices as hard copies of notices were also mailed via USPS. Post cards
were also utilized and mailed to residents, business owners, and
community groups. For the survey, there were 194 respondents from the
first survey, and 120 respondents from the second survey which is
approximately 300 responses in total. In response to Mason's question
regarding next steps, Demkowicz stated that City staff has outlined and
provided guidance in Section IV the programs section of the Housing
Element. Within the next three (3) years, staff will be working on
implementing the programs, refining them and looking to see what types
of resources and other partnerships will need to be formed to achieve the
City's allocation and ensure that there is compliance with Fair Housing
laws. There will be a sequence of steps that will take place within this
timeframe which will include public outreach and staff analysis as the
overlay zones are created within The Tustin Market Place and Enderle
Center and the TLSP is amended.
Willkom To respond further to Mason's question regarding notification, Willkom
added that the email blast reached over 10,000 subscribers. The post card
mailings went out to over 29,000 Tustin residents and 3,400 Tustin
businesses. Willkom also stated that what was before the Commission
that evening was the policy document. The implementation action plan
includes the amendment to the Specific Plan and also the creation of
overlay zones on some of those sites identified within the report and will
be brought to the Commission within the next three (3) years. The
Minutes—Planning Commission September 14,2021 —Page 4 of 8
Commission will have the ability to review the zone change and Specific
Plan amendments at that time.
6:55 .m. Opened the Public Hearin item.
� p p 9
Willkom Willkom stated, for the record, City staff had received written comments
(sent via email) from the Tustin Planning Partnership and the Kennedy
Commission, which was provided to the Commission prior to the meeting.
The last email was received at 6:03 p.m.
Hurtado Hurtado added that no further input had been received.
Kimberly Adams Ms. Kimberly Adams, representing the Tustin Planning Partnership (TPP)
stated that TPP had been involved in the Housing Element planning j
process and hoped that their recommendations were considered and
adopted. Adams further commented that: TPP felt that the City's public
participation efforts still lacked inclusion of the underserved, that a barrier
for the development of affordable housing is opposition, the TPP agreed
with HCD findings, TPP would like the City to support decision that affect 1
the most vulnerable, TPP will be steadfast in their commitment to support
any proposed developments. Adams further commented that affordable
housing should be a priority. Finally commented that the TPP recommends
that the Draft Housing Element not be adopted until the appropriate
changes recommended by HCD are incorporated and for meaningful
public participation prior to adoption.
Sheena Ms. Sheena Innocente representing TPP, concurred with Ms. Adams
Innocente comments and agreed that the City should not adopt the draft Housing
Element HCD's untiil all comments are addressed. Innocente described
being a survivor of unstable housing. She stated that Tustin residents are
deserving of affordable, stable and safe housing and states she supports
inclusionary housing and equitable distribution of affordable housing
throughout Tustin. Innocente commented she would like more public
participation and more outreach to vulnerable communities. She also
spoke of SB 10 legislation and stated that she would like the City to offer
an incentive to developers who want to purchase single-family homes and
turn them into multi-family housing and that single-family homeowners who
want to convert their homes into multi-family homes should be given some
type of incentive as well. She concluded that the City should help residents
with FHA loans to incentivize that type of development and educate the
"NIMBYs" about the detrimental impacts of unstable housing for children.
Lisa Talmage Ms. Lisa Talmage representing the TPP, concurred with her colleagues'
previous statements and commented about unaffordable housing,
exclusionary zoning within the City that prevents people from living in the
City and she emphasized the need for more public participation. She
stated that the survey shows the majority of respondents were
Minutes—Planning Commission September 14,2021 —Page 5 of 8
Lisa Talmage homeowners and that sending surveys to organizations that serve lower-
income residents is not enough. She suggested making phone calls, __
setting up meetings, and offering a raffle.
Hurtado Hurtado confirmed no additional public input was received.
7:07 p.m. Closed the Public Hearing item. Further discussion ensued as follows.
Higuchi Per Higuchi, his final comments regarding the item generally included;
RHNA and Sacramento are being "very heavy handed" and would like the
RHNA process to be an opportunity to enhance the City of Tustin's livability
and make it a standout city from the surrounding cities. With the last
Housing Element plan, all of the housing was located in the TLSP and this
update now includes areas outside of Legacy such as Enderle Center and
The Tustin Market Place. The inclusion of The Tustin Market Place in the
Housing Element mirrors the City of Irvine's Housing Element and their
RHNA requirements. Good planning is looking ahead at how our
neighboring cities are handling their RHNA requirements, such as Santa
Ana. Santa Ana has a similar housing element site north of Red Hill
Avenue which may have been a lost opportunity on the City's end to think
about high density. He added his disappointment with the city-owned land
along Newport Avenue and the 55 Freeway not being included in the City's
suitable sites inventory along with the universal inclusion of all city-owned
land or potential surplus property, which he viewed as a lost opportunity. a
Higuchi further commented on the existing train station and how he would j
have liked to see higher density housing products adjacent to the station C
in order to benefit from local tax credits along with density bonuses that
would have been triggered at the transit center with more uses there, (i.e.
like San Diego and Los Angeles). He concluded by commending City staff
on the project.
Mello Mello echoed what Higuchi stated previously with regards to the land near
the 55 Freeway and the transit center. Overall, he was happy with the
responsiveness from the City Council and the Commission's comments to
reallocating units. Mello stated he was in support of the overlays and the
policy document. He was supportive of finding ways of making affordable
housing available as Tustin continues to grow.
Chu Chu thanked staff for the presentation and speakers for their input. She
stated that addressing housing issues can be very challenging. Chu
indicated that while the planning will not happen right away, the
Commission does hear everyone's concerns. The Commission has to
make tough decisions and there is a deadline to meet. Chu was in support
of the draft Housing Element.
Kozak Kozak thanked staff for the excellent work on the Housing Element update
and indicated that he recognized housing is a very difficult issue to resolve
Minutes=Planning Commission September 14,2021 —Page 6 of 8
to everyone's satisfaction given the restraints the City operates under. He
stated that he was in support of the recommended action to move the item
forward to the City Council.
Mason Mason thanked the speakers for their input and agreed that everybody
deserves safe and decent affordable housing. She thanked staff for their
work gathering additional input and engagement with the public throughout
the entire community. Mason concurred with Higuchi and Mello regarding
the transportation center. She commented that the City is striving for
progress versus perfection at this time. Mason indicated that she is in
support of the item and that the discussion will continue over the next three
(3) years. Mason encouraged everybody watching and who attended to
continue the conversation.
7:19 p.m. Mason re-opened the Public Hearing item since there was another
individual who wished to comment.
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Cesar Mr. Cesar Covarrubias, Kennedy Commission, stated that a letter had
Covarrubias already been submitted to the Commission regarding their comments and
that the main issue continues to be the creation of new housing
opportunities, policies and programs to ensure that affordable housing
gets built, especially on the sites identified for lower income. He also
encouraged this at the sites at The Tustin Market Place and Enderle
Center.
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7:20 p.m. Closed the Public Hearing.
Motion It was moved by Mello, seconded by Higuchi, to adopt Resolution Nos.
4439 and 4440, as recommended. Motion carried 5-0.
None. REGULAR BUSINESS:
STAFF CONCERNS:
Willkom Willkom recognized the hard work of both City staff and consultants on the
Housing Element. She stated that at the last Council meeting, the City
Council had the second reading on the Development Agreement/Ordinance
approving the Red Hill Avenue mixed-use project.
COMMISSION CONCERNS:
Chu Chu commended staff and said she is looking forward to meeting everybody
again.
Higuchi Higuchi thanked staff and he is looking forward to the September 28, 2021
walking tour.
Minutes—Planning Commission September 14, 2021 —Page 7 of 8
Mello Mello thanked staff for the agenda item and he looks forward to continuing
working with City staff on the item.
Kozak Kozak commended staff as well. Great road ahead of us while continuing to
implement the Housing Element and he is looking forward to working with
staff on the implementation. On August 26, 2021, Kozak participated in an
online webinar given by California Preservation Foundation (CPF). Tustin
Tiller Days will be held on October 2, 2021.
Mason Mason also participated in the online webinar held by CPF on August 26,
2021. She was unable to participate on the September 9, 2021 parking
meeting and requested an access to the link to the meeting, if available.
Mason closed the meeting in honor of the 20th anniversary of 9/11. She
recognized all of those who served our country and those serving in the
Middle East. A reminder to all to appreciate the military service men and
women.
7:26 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, September 28, 2021. —'/
AM tO
Chairpers n—'
JU&INA L. VVILLKOM
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Planning Commission Secretary
Minutes—Planning commission September 14, 2021 —Page 8 of 8